Research On Legal Relief Of Administrative Investigation

As administrative investigation for subject of administrative is an important means of gaining information, so administrative investigation exists in the various areas of administrative activity in China, and it is closely associated with the interests of the people. Especially under the background of modern administrative law construction, so strengthening the administrative investigation on the issue of legal relief system is of great theoretical value and practical significance.Meanwhile, the rights of administrative counterpart is more or less restricted during the implementation process of administrative investigation activities, and even legitimate rights and interests of the administrative counterpart also may be infringed by the administrative investigation.Whereas there are different views on the meaning of administrative investigation in the academics,especially, the characterization of administrative investigation has been controversial all the time, and at present administrative investigation legislation is not extremely perfect, in these cases, it impact directly on the administrative investigation applying concretely to practice in china. For instance, massive administrative investigation illegal and improper circumstances exist in practice, which violate the lawful rights and interests of the administrative counterpart, but the supporting legal relief system can't keep up with the development, which results in difficulty to legal relief for the lawful rights and interests of administrative counterpart. As a country to rule the country according to law, Administrative investigation should be included in the scope of legal relief, and the legal relief system should be improved in order to protect the individual rights of citizens, which is the major problem in this paper.Research on legal relief for administrative investigation in this paper is divided into four chapters as follows:The first chapter, which mainly studied the basic theory of administrative investigation and the system values of legal relief for administrative investigation. Traditional administrative law scholars do lots of their studies on administrative acts as their major research paradigm. Under this paradigm, administrative investigation is the organic ingredient of follow-up administrative decision, and its effectiveness depends on the legality of specific administrative act, so administrative investigation doesn't have independent value. On the other hand, administrative investigation which focuses on administrative process theory is independent on other concrete administrative acts. This chapter inquires into issues such as the definition, characterization of administrative investigation, and the necessity of the legal relief for administrative investigation, these results in laying theory foundation for subsequent and further researches on legal relief for administrative investigation.The second chapter discusses the situations of administrative investigation launched legal remedy, that is to say, when illegal and improper act is present, it will result in legal relief for administrative investigation. Many flaws exist in administrative investigation during legal practice. Researching from both entities and procedures point of view, some illegal and improper acts exist in administrative investigation substances including abusing of one's authority, exceeding one's power, vague truth, insufficient evidence, negative act and so on;and also some illegal acts exist in administrative investigation procedures.Against the flaws of different type of administrative investigation in practice, different ways of legal relief are discussed in this paper.The third chapter discusses the actual states of legal system and practice of relief. It exists many problems in administrative investigation practice and lacks of legislation in administrative investigation, so perfecting the relief system of administrative investigation is necessary. The fourth chapter discusses the subjects, ways and consequences of administrative investigation relief and I do some system design from the three hands. According to the present law, the subject of legal relief is defined and different ways and the legal consequences of legal remedies are discussed. These are important contents of this paper.